82 FR 32919 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 136 (July 18, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32919-32922 | |
| FR Document | 2017-15026 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Notices] [Pages 32919-32922] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15026] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-9561; FMCSA- 2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0021; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0305; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 125 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before August 17, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2003-15268; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102; FMCSA-2011-0140; FMCSA-2011-0141; FMCSA-2013-0021; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0305; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2015-0053; FMCSA-2015-0055 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement [[Page 32920]] page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 125 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 125 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (65 FR 20245; 65 FR 57230; 66 FR 17743; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570; 68 FR 35772; 68 FR 37197; 68 FR 44837; 68 FR 48989; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 61292; 70 FR 7545; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 30999; 70 FR 33937; 70 FR 41811; 70 FR 42615; 70 FR 46567; 71 FR 26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 72 FR 27624; 72 FR 28093; 72 FR 32705; 72 FR 36099; 72 FR 39879; 72 FR 40359; 72 FR 40360; 72 FR 40362; 72 FR 52419; 73 FR 36955; 73 FR 51689; 73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 26461; 74 FR 26464; 74 FR 26466; 74 FR 28094; 74 FR 34074; 74 FR 34395; 74 FR 34630; 74 FR 34632; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 FR 17481; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29022; 76 FR 29024; 76 FR 29026; 76 FR 37168; 76 FR 37169; 76 FR 37173; 76 FR 37885; 76 FR 40445; 76 FR 44082; 76 FR 44652; 76 FR 44653; 76 FR 49531; 76 FR 50318; 76 FR 53710; 77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 78 FR 14410; 78 FR 16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51268; 78 FR 51269; 78 FR 52602; 78 FR 56993; 78 FR 57679; 79 FR 4531; 79 FR 10608; 79 FR 22003; 79 FR 24298; 79 FR 35218; 79 FR 51643; 79 FR 64001; 79 FR 73687; 80 FR 603; 80 FR 12248; 80 FR 15863; 80 FR 16500; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 29152; 80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 40122; 80 FR 41547; 80 FR 41548; 80 FR 44185; 80 FR 44188; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 48413; 80 FR 62161; 80 FR 62163). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below. As of August 8, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 49 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 20245; 65 FR 57230; 66 FR 30502; 66 FR 33990; 66 FR 41654; 67 FR 15662; 67 FR 37907; 67 FR 57266; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570; 68 FR 44837; 69 FR 26206; 69 FR 33997; 69 FR 52741; 69 FR 61292; 70 FR 7545; 70 FR 17504; 70 FR 25878; 70 FR 30997; 70 FR 41811; 71 FR 26601; 71 FR 55820; 71 FR 62147; 72 FR 7812; 72 FR 8417; 72 FR 27624; 72 FR 28093; 72 FR 36099; 72 FR 39879; 72 FR 40362; 72 FR 52419; 73 FR 36955; 73 FR 51689; 73 FR 63047; 74 FR 6211; 74 FR 19267; 74 FR 19270; 74 FR 20253; 74 FR 26461; 74 FR 26466; 74 FR 28094; 74 FR 34395; 74 FR 34630; 75 FR 36779; 75 FR 66423; 75 FR 72863; 75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR 9865; 76 FR 17481; 76 FR 18824; 76 FR 20076; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766; 76 FR 28125; 76 FR 29024; 76 FR 29026; 76 FR 37168; 76 FR 37173; 76 FR 37885; 76 FR 44652; 77 FR 38384; 77 FR 74273; 78 FR 800; 78 FR 10251; 78 FR 14410; 78 FR 16762; 78 FR 20376; 78 FR 20379; 78 FR 24300; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR 37270; 78 FR 41188; 78 FR 46407; 78 FR 51269; 78 FR 56993; 78 FR 57679; 79 FR 10608; 79 FR 22003; 79 FR 24298; 79 FR 35218; 79 FR 51643; 79 FR 64001; 79 FR 73687; 80 FR 603; 80 FR 12248; 80 FR 15863; 80 FR 16500; 80 FR 18696; 80 FR 22773; 80 FR 25766; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 29152; 80 FR 31636; 80 FR 31957; 80 FR 33007; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR 37718; 80 FR 45573; 80 FR 48404; 80 FR 48409; 80 FR 48413): Joel C. Bailey (FL), James C. Barr (OH), Johnny A. Bingham (NC), Ryan L. Brown (IL), Todd A. Chapman (NC), Don A. Clymer (PA), Timothy J. Curran (CA), Erik R. Davis (GA), Paul W. Dawson (OH), Rodney R. Dawson (KY), Everett A. Doty (AZ), Timothy H. DuBois (MN), Raymond C. Favreau (VT), Thanh V. Ha (CA), Anthony Hall (LA), Johnnie L. Hall (MD), Waylon E. [[Page 32921]] Hall (LA), Gary D. Hallman (AL), Dean R. Hawley (NC), Tommy T. Hudson (VA), James T. Johnson (KY), Harry L. Jones (OH), Cody A. Keys (OK), David J. Kibble (PA), Thomas Korycki (NJ), David C. Leoffler (CO), Jorge S. Lopez (CA), Boynton L. Manuel (SC), James McClure (NC), Steve J. Morrison (ID), Daniel R. Murphy (WI), Tracy J. Omeara (OR), Armando F. Pederoso Jimenez (MN), Robert D. Porter (CA), Raymond Potter (RI), Scott K. Richardson (OH), Elvis E. Rogers, Jr. (TX), Leo D. Roy (NH), Manuel H. Sanchez (TX), Jose C. Sanchez-Sanchez (WY), Tim M. Seavy (IN), Rick J. Smart (NH), Sukru Tamirci (NY), David R. Thomas (AL), James H. Wallace, Sr. (FL), Roy J. Ware (GA), Marcus R. Watkins (TX), Paul C. Weiss (PA), James Whiteway (TX). The drivers were included in one of the following docket Nos: FMCSA-2000-7006; FMCSA-2001-9561; FMCSA-2002-11714; FMCSA-2002-13411; FMCSA-2003-14504; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2006-26653; FMCSA-2007-2663; FMCSA-2007-27897; FMCSA-2008-0266; FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2013-0021; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0002; FMCSA-2014-0010; FMCSA-2014-0302; FMCSA-2014-0305; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052. Their exemptions are effective as of August 8, 2017, and will expire on August 8, 2019. As of August 10, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 31636; 80 FR 48413): Donald M. Jenson (SD), Dennis D. Lesperance (OR), Dean A. Maystead (MI), Carl V. Murphy, Jr. (TX). The drivers were included in one of the following docket Nos: FMCSA-2001-9258; FMCSA-2005-21254. Their exemptions are effective as of August 10, 2017, and will expire on August 10, 2019. As of August 12, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 37169; 76 FR 50318; 79 FR 4531; 80 FR 41548): Danny F. Burnley (KY), Sean R. Conorman (MI), Robert E. Graves (NE), Terrence F. Ryan (FL), Stephen W. Verrette (MI), Leslie H. Wylie (ID). The drivers were included in docket No. FMCSA-2011-0140. Their exemptions are effective as of August 12, 2017, and will expire on August 12, 2019. As of August 13, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 40122; 80 FR 62163): William D. Cherry (MA), Pedro Del Bosque (TX), Anthony C. DeNaples (PA), Edward Dugue III (NC), Larry R. Hayes (KS), Wayne E. Jakob (IL), Earney J. Knox (MO), James Smentkowski (NJ), Neil G. Sturges (NY), Norman G. Wooten (TX), Kurt A. Yoder (OH). The drivers were included in docket No. FMCSA-2015-0053. Their exemptions are effective as of August 13, 2017, and will expire on August 13, 2019. As of August 15, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (66 FR 30502; 66 FR 41654; 68 FR 37197; 68 FR 44837; 68 FR 48989; 70 FR 41811; 70 FR 42615; 72 FR 40360; 74 FR 34632; 76 FR 49531; 79 FR 4531; 80 FR 44185): Domenic J. Carassai (NJ), Bruce E. Hemmer (WI), Steven P. Holden (MD), Christopher G. Jarvela (MI), Brad L. Mathna (PA), Vincent P. Miller (CA), Warren J. Nyland (MI), Dennis M. Prevas (WI) Wesley E. Turner (TX), Mona J. Van Krieken (OR), Paul S. Yocum (IN). The drivers were included in one of the following docket Nos: FMCSA-2001-9561; FMCSA-2003-15268. Their exemptions are effective as of August 15, 2017, and will expire on August 15, 2019. As of August 23, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 21 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 29022; 76 FR 44082; 78 FR 20376; 78 FR 34141; 78 FR 34143; 78 FR 51268; 78 FR 52602): Twila G. Cole (OR), Bert A. Damm (MT), Jeffrey Dauterman (OH), Brian D. Dowd (MA), Sonya Duff (IN), Randy L. Fales (MN), Marc C. Grooms (MO), Walter A. Hanselman (IN), Craig C. Lowry (MT), Craig M. Mahaffey (OH), Ricky Nickell (OH), Freddy H. Pete (NV), Rickey H. Reeder (TN), Michael L. Sherum (AL), Gregory C. Simmons (VA), Wayne M. Stein (FL), Eddie B. Strange, Jr. (GA), Larry A. Tidwell (MO), Dale A. Torkelson (WI), John Vanek (MO), Desmond Waldor (PA). The drivers were included in one of the following docket Nos: FMCSA-2011-0102; FMCSA-2013-0025; FMCSA-2013-0029. Their exemptions are effective as of August 23, 2017, and will expire on August 23, 2019. As of August 25, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 20 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (80 FR 44188; 80 FR 62161): Harold D. Albrecht (IL), Joseph W. Bahr (NJ), Stephen C. Brueggeman (KY), Larry O. Cheek (CA), Louise D. Curtis (FL), Marvin P. Cusey (MN), Chris M. DeJong (NM), Jonathan G. Estabrook (MA), Robert J. Falanga (FL), Refugio Haro (IL), Kevin L. Harrison (TN), Bruce A. Lloyd (MA), Duane S. Lozinski (IA), Keith W. McNabb (ID), Ronald W. Neujahr (KS), Lonnie D. Prejean (TX), Thomas E. Riley (NJ), John B. Stiltner (KY), Rick R. Warner (MI), Theodore A. White (PA). The drivers were included in docket No. FMCSA-2015-0055. Their exemptions are effective as of August 25, 2017, and will expire on August 25, 2019. As of August 29, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 40445; 76 FR 53710; 79 FR 4531): James Howard (CA), Ramon Melendez (NJ), Jesse A. Nosbush (MN). The drivers were included in docket No. FMCSA-2011-0141. Their exemptions are effective as of August 29, 2017, and will expire on August 29, 2019. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each [[Page 32922]] driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. IV. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 125 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: July 7, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-15026 Filed 7-17-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 32919
work-related duties. It asserts that the Issued on: July 11, 2017. ADDRESSES: You may submit comments
30-minute break unnecessarily imposes Larry W. Minor, bearing the Federal Docket Management
unhealthy sedentary activity on Transco Associate Administrator for Policy. System (FDMS) Docket No. FMCSA–
drivers. Finally, Transco believes that [FR Doc. 2017–15022 Filed 7–17–17; 8:45 am] 2000–7006; FMCSA–2001–9258;
the granting of this exemption would BILLING CODE 4910–EX–P FMCSA–2001–9561; FMCSA–2002–
reduce the number of motor vehicle 11714; FMCSA–2002–13411; FMCSA–
accidents and congestion on public 2003–14504; FMCSA–2003–15268;
roads by reducing the overall miles DEPARTMENT OF TRANSPORTATION FMCSA–2004–17984; FMCSA–2005–
Transco travels to deliver to its 20560; FMCSA–2005–21254; FMCSA–
Federal Motor Carrier Safety 2006–26653; FMCSA–2007–2663;
customers. A copy of the Transco’s
Administration FMCSA–2007–27897; FMCSA–2008–
application for exemption is available
for review in the docket for this notice. [Docket No. FMCSA–2000–7006; FMCSA– 0266; FMCSA–2009–0086; FMCSA–
2001–9258; FMCSA–2001–9561; FMCSA– 2009–0121; FMCSA–2010–0354;
Public Comments 2002–11714; FMCSA–2002–13411; FMCSA– FMCSA–2010–0372; FMCSA–2010–
2003–14504; FMCSA–2003–15268; FMCSA– 0385; FMCSA–2011–0010; FMCSA–
On September 28, 2016, FMCSA 2004–17984; FMCSA–2005–20560; FMCSA– 2011–0024; FMCSA–2011–0057;
published Transco’s application for 2005–21254; FMCSA–2006–26653; FMCSA– FMCSA–2011–0092; FMCSA–2011–
exemption and requested public 2007–2663; FMCSA–2007–27897; FMCSA–
2008–0266; FMCSA–2009–0086; FMCSA–
0102; FMCSA–2011–0140; FMCSA–
comment (81 FR 66734). The Agency 2009–0121; FMCSA–2010–0354; FMCSA– 2011–0141; FMCSA–2013–0021;
received 54 comments to the docket, 2010–0372; FMCSA–2010–0385; FMCSA– FMCSA–2013–0025; FMCSA–2013–
mostly from CMV drivers. More than 40 2011–0010; FMCSA–2011–0024; FMCSA– 0027; FMCSA–2013–0028; FMCSA–
of the comments opposed the Transco 2011–0057; FMCSA–2011–0092; FMCSA– 2013–0029; FMCSA–2014–0002;
application for exemption. The 2011–0102; FMCSA–2011–0140; FMCSA– FMCSA–2014–0010; FMCSA–2014–
principal concern of the CMV drivers 2011–0141; FMCSA–2013–0021; FMCSA– 0302; FMCSA–2014–0305; FMCSA–
2013–0025; FMCSA–2013–0027; FMCSA–
was that the exemption would convert 2015–0048; FMCSA–2015–0049;
2013–0028; FMCSA–2013–0029; FMCSA–
obvious on-duty time to off-duty time. 2014–0002; FMCSA–2014–0010; FMCSA– FMCSA–2015–0052; FMCSA–2015–
The Advocates for Highway and Auto 2014–0302; FMCSA–2014–0305; FMCSA– 0053; FMCSA–2015–0055 using any of
Safety expressed concern that rigorous 2015–0048; FMCSA–2015–0049; FMCSA– the following methods:
physical activity (loading and 2015–0052; FMCSA–2015–0053; FMCSA– • Federal eRulemaking Portal: Go to
2015–0055] http://www.regulations.gov. Follow the
unloading) would be substituted for the
respite from driver duties provided by online instructions for submitting
Qualification of Drivers; Exemption comments.
the 30-minute rest break. The Applications; Vision
International Brotherhood of Teamsters • Mail: Docket Management Facility;
opposed the application. It pointed out AGENCY: Federal Motor Carrier Safety U.S. Department of Transportation, 1200
that the applicant described the typical Administration (FMCSA), DOT. New Jersey Avenue SE., West Building
ACTION: Notice of renewal of Ground Floor, Room W12–140,
driver workday as being 19 hours long,
exemptions; request for comments. Washington, DC 20590–0001.
making the rest break even more critical
• Hand Delivery: West Building
to safety and driver health. SUMMARY: FMCSA announces its Ground Floor, Room W12–140, 1200
FMCSA Decision decision to renew exemptions for 125 New Jersey Avenue SE., Washington,
individuals from the vision requirement DC, between 9 a.m. and 5 p.m., e.t.,
When FMCSA proposed the provision in the Federal Motor Carrier Safety Monday through Friday, except Federal
requiring a 30-minute rest break, it Regulations (FMCSRs) for interstate holidays.
relied upon research indicating that commercial motor vehicle (CMV) • Fax: 1–202–493–2251.
periods free from work responsibilities drivers. The exemptions enable these Instructions: Each submission must
are followed by improved work individuals to continue to operate CMVs include the Agency name and the
performance. The research showed that in interstate commerce without meeting docket number(s) for this notice. Note
this improvement was experienced the vision requirement in one eye. that all comments received will be
regardless of the precise nature of the DATES: Each group of renewed posted without change to http://
worker’s duties. FMCSA believes that, exemptions was effective on the dates www.regulations.gov, including any
whatever the relative degree of stated in the discussions below and will personal information provided. Please
monotony associated with long-haul expire on the dates stated in the see the Privacy Act heading below for
and local-delivery driving, the fact is discussions below. Comments must be further information.
that both types of drivers are susceptible received on or before August 17, 2017. Docket: For access to the docket to
to fatigue as the workday progresses. FOR FURTHER INFORMATION CONTACT: Ms. read background documents or
The Agency believes that rest breaks Christine A. Hydock, Chief, Medical comments, go to http://
provide a benefit to both types of Programs Division, 202–366–4001, www.regulations.gov at any time or
drivers, and that safety is improved by fmcsamedical@dot.gov, FMCSA, Room W12–140 on the ground level of
allowing drivers to take a break from Department of Transportation, 1200 the West Building, 1200 New Jersey
New Jersey Avenue SE., Room W64– Avenue SE., Washington, DC, between 9
their duties during the work day. The
224, Washington, DC 20590–0001. a.m. and 5 p.m., e.t., Monday through
sradovich on DSK3GMQ082PROD with NOTICES
rest break is especially important for
Office hours are from 8:30 a.m. to 5 Friday, except Federal holidays. The
Transco drivers because they
p.m., e.t., Monday through Friday, FDMS is available 24 hours each day,
accumulate fatigue both from the lifting except Federal holidays. If you have 365 days each year. If you want
of their unloading tasks and from 19- questions regarding viewing or acknowledgment that we received your
hour days. submitting material to the docket, comments, please include a self-
For these reasons, FMCSA has denied contact Docket Services, telephone (202) addressed, stamped envelope or
the applicant’s request for exemption. 366–9826. postcard or print the acknowledgement
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![32922 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
driver must provide a copy of the DATES: The renewed exemptions were from the public to better inform its
annual medical certification to the effective on the dates stated in the rulemaking process. DOT posts these
employer for retention in the driver’s discussions below and will expire on comments, without edit, including any
qualification file and retains a copy of the dates stated in the discussions personal information the commenter
the certification on his/her person while below. Comments must be received on provides, to http://www.regulations.gov,
driving for presentation to a duly or before August 17, 2017. as described in the system of records
authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can
enforcement official. The exemption Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/
will be rescinded if: (1) The person fails Programs Division, 202–366–4001, privacy.
to comply with the terms and fmcsamedical@dot.gov, FMCSA,
conditions of the exemption; (2) the Department of Transportation, 1200 I. Background
exemption has resulted in a lower level New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
of safety than was maintained before it 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
was granted; or (3) continuation of the Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
exemption would not be consistent with p.m., e.t., Monday through Friday, likely achieve a level of safety that is
the goals and objectives of 49 U.S.C. except Federal holidays. If you have equivalent to or greater than the level
31136(e) and 31315. questions regarding viewing or that would be achieved absent such
submitting material to the docket, exemption.’’ The statute also allows the
IV. Preemption
contact Docket Services, telephone (202) Agency to renew exemptions at the end
During the period the exemption is in 366–9826. of the two-year period.
effect, no State shall enforce any law or ADDRESSES: You may submit comments
regulation that conflicts with this bearing the Federal Docket Management The physical qualification standard
exemption with respect to a person System (FDMS) Docket No. FMCSA– for drivers regarding hearing found in
operating under the exemption. 2014–0383; FMCSA–2013–0102 using 49 CFR 391.41(b)(11) states that a
any of the following methods: person is physically qualified to driver
VI. Conclusion a CMV if that person:
• Federal eRulemaking Portal: Go to
Based upon its evaluation of the 125 http://www.regulations.gov. Follow the First perceives a forced whispered voice in
exemption applications, FMCSA renews online instructions for submitting the better ear at not less than 5 feet with or
the exemptions of the aforementioned comments. without the use of a hearing aid or, if tested
drivers from the vision requirement in • Mail: Docket Management Facility; by use of an audiometric device, does not
49 CFR 391.41(b)(10), subject to the U.S. Department of Transportation, 1200 have an average hearing loss in the better ear
requirements cited above (49 CFR New Jersey Avenue SE., West Building greater than 40 decibels at 500 Hz, 1,000 Hz,
391.64(b)). In accordance with 49 U.S.C. Ground Floor, Room W12–140, and 2,000 Hz with or without a hearing aid
31136(e) and 31315, each exemption Washington, DC 20590–0001. when the audiometric device is calibrated to
will be valid for two years unless • Hand Delivery: West Building American National Standard (formerly ASA
revoked earlier by FMCSA. Ground Floor, Room W12–140, 1200 Standard) Z24.5–1951.
Issued on: July 7, 2017.
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m. e.t., 49 CFR 391.41(b)(11) was adopted in
Larry W. Minor, 1970, with a revision in 1971 to allow
Monday through Friday, except Federal
Associate Administrator for Policy. Holidays. drivers to be qualified under this
[FR Doc. 2017–15026 Filed 7–17–17; 8:45 am] • Fax: 1–202–493–2251. standard while wearing a hearing aid,
BILLING CODE 4910–EX–P Instructions: Each submission must 35 FR 6458, 6463 (April 22, 1970) and
include the Agency name and the 36 FR 12857 (July 3, 1971).
docket number(s) for this notice. Note The two individuals listed in this
DEPARTMENT OF TRANSPORTATION that all comments received will be notice have requested renewal of their
posted without change to http:// exemptions from the hearing standard
Federal Motor Carrier Safety www.regulations.gov, including any
Administration in 49 CFR 391.41(b)(11), in accordance
personal information provided. Please
with FMCSA procedures. Accordingly,
see the Privacy Act heading below for
[Docket No. FMCSA–2014–0383; FMCSA– FMCSA has evaluated these
further information.
2014–0102]
Docket: For access to the docket to applications for renewal on their merits
read background documents or and decided to extend each exemption
Qualification of Drivers; Exemption for a renewable two-year period.
Applications; Hearing comments, go to http://
www.regulations.gov at any time or II. Request for Comments
AGENCY: Federal Motor Carrier Safety Room W12–140 on the ground level of
Administration (FMCSA), DOT. the West Building, 1200 New Jersey Interested parties or organizations
ACTION: Notice of renewal of Avenue SE., Washington, DC, between 9 possessing information that would
exemptions; request for comments. a.m. and 5 p.m., e.t., Monday through otherwise show that any, or all, of these
Friday, except Federal holidays. The drivers are not currently achieving the
SUMMARY: FMCSA announces its FDMS is available 24 hours each day, statutory level of safety should
decision to renew exemptions for two 365 days each year. If you want immediately notify FMCSA. The
individuals from the hearing Agency will evaluate any adverse
sradovich on DSK3GMQ082PROD with NOTICES
acknowledgment that we received your
requirement in the Federal Motor comments, please include a self- evidence submitted and, if safety is
Carrier Safety Regulations (FMCSRs) for addressed, stamped envelope or being compromised or if continuation of
interstate commercial motor vehicle postcard or print the acknowledgement the exemption would not be consistent
(CMV) drivers. The exemptions enable page that appears after submitting with the goals and objectives of 49
these hard of hearing and deaf comments online. U.S.C. 31136(e) and 31315, FMCSA will
individuals to continue to operate CMVs Privacy Act: In accordance with 5 take immediate steps to revoke the
in interstate commerce. U.S.C. 553(c), DOT solicits comments exemption of a driver.
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Document Created: 2018-10-24 11:26:01
Document Modified: 2018-10-24 11:26:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before August 17, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 32919 |
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